To assist employers in complying with the Family Medical Leave Act (FMLA), the Wage and Hour Division (WHD) of the U.S. Department of Labor has issued some model forms for use in the medical certification process. Using these forms is a great way for an employer to ensure compliance with the FMLA. These forms have recently been updated because of some changes to the FMLA. The new forms are available here:
- WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition (PDF)
- WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition (PDF)
- WH-381 Notice of Eligibility and Rights & Responsibilities (PDF)
- WH-382 Designation Notice (PDF)
- WH-384 Certification of Qualifying Exigency For Military Family Leave (PDF)
- WH-385 Certification for Serious Injury or Illness of Current Servicemember for Military Family Leave (PDF)
- WH-385-V Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave (PDF)
The biggest difference between the old forms and the new forms appears to be that the new forms contain a notice about the Genetic Information Nondiscrimination Act (GINA). Medical professionals are warned not to provide information about genetic tests or about diseases or disorders found among the employee’s family members. These forms are good until May 2018.
Items on this web page are general in nature. They cannot—and should not—replace consultation with a competent legal professional. Nothing on this web page should be considered rendering legal advice.